Revolutionary War Pension and Bounty Land Warrant Application File W. 11041, John Gates, New York

SERVICE
NUMBER
New York
Gates, John Gertrude
W. 11041
CONTENTS

Let to Genl. Gates, Jan 23 '37 " " same Feb. 11. '37 " " Col. J. J. Abert July 11. 1837 " " G. Gates, Aug 3, 1837 " " " Sept. 6. 1837
Albany N.Y. 97 Gertrude Gates widow of John Gates dec'd late of Albany in the State of N.Y. who was an Ensign in the Company commanded by Captain of the Reg't commanded by Lt. Livingston in the N.Y. State line for 3 years & upwards
Inscribed on the Roll of Albany at the rate of 240 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of Octo. 1836 and sent Samuel Jenkins Albany N.Y.
Arrears to the 4th of Sept. 1836 $1370.00 Semi-ant. allowance ending Feb 11 37 120.00 $1490.00
act July 4 '1836 { Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R. Addison Clerk, Book Vol. 1 — Page 130

State of New York
Albany County ss. On this 11 th day of October in the year, one thousand eight hundred and thirty six, before the Justice's Court of the City of Albany, (the same being a Court of Record) personally appeared Gertrude Gates a resident of the City of Albany, in the County of Albany, and State of New York, aged eighty one years, who being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4, 1836: That she is the Widow of John Gates, who was an Ensign in the Regiments of New York State Troops, commanded by Colonel James Livingston, and who served in the Revolutionary War, as such Ensign, from the eighteenth day of December in the year one thousand seven hundred and seventy six until the 22 d day of March in the year one thousand seven hundred and eighty — as will appear by the several original documents and Certificates hereto annexed.
She further declares, that she was married to the said John Gates on the twenty first day of March in the year one thousand seven hundred and seventy nine; that her husband the aforesaid John Gates died on or about the ninth day of September in the year one thousand eight hundred and twenty five; and that she has remained a Widow ever since that period, as will more fully appear by reference to the proof hereto annexed — And from the infirmity of age, she is unable to write her name —
Sworn to and subscribed, on the day to write her name — before me, in open Court, J. Gertrude X Gates Mark
John G. Watson Clerk

State of New York Albany Justice Court ss. I, John G. Wason Clerk of said Court, do hereby certify that the within named Gertrude Gates, was duly sworn in open Court, to the truth of the within Statement or Declaration - And that the papers and documents hereto annexed marked A. B. C. D. E. & F. are the documents and proofs referred to in her said declaration - And that the Court is satisfied of the truth of her said declaration - In Witness Whereof I have hereunto sub- scribed my name & affixed the seal of the said Court, this eleventh day of October 1836.
John G. Wason Clerk

Albany 11 th Dec r 1880.
Dear Sir
My Father John Gates (Dec d ) has never had any of his family ever received Penny Pensions for his services as an Ensign in the Revolutionary War any Mother intends to apply to the New York Legislature at the coming Session for such pensions, and we will be greatly obliged to you to certify the enclosed papers of Col c Livingston and Isaac Paine as copies of the Originals on file in your Office. — If Sir you think any of the other papers sent you (on the application of my Mother Gertrude Gates for her Pension) would be of service to her intended application; have the goodness to add them. —
My Father was quite comfortable during his life time in his pecuniary concerns and therefore it was that he paid little or no attention to this matter. — It is the reverse now with Mother and the major part of the family. —
Please accept the sincere & hearty thanks of Mother & family for your kind & prompt attention to her application for a Pension. — and believe me
Your assured friend & O bt Serv t .
To
Gertrude Gates.
James L. Edwards Esq r , Comm r of Pensions War Dept t . " "
Please forward me the papers as soon as convenient & consistent with your other duties —
G. G.

I certify that upon an examination of the record of Marriages remaining in my custody as one of the Church Masters of the Reformed Protestant Dutch Church in the City of Albany, it appears that John Gates late of the City of Albany deceased, was on the twenty fifth day of March in the year One thousand seven hundred & seventy nine intermarried with Geertje Van Vranken: that I am acquainted with the said Geertje or Gertrude, that she is a resident of the City of Albany & is still the widow of the said John Gates deceased: & that the said John Gates was reported to have been an Officer in the Revolutionary army — Albany Oct r 10 th 1836 —
Jennis Van Vechten Church Master Re. P. D. Church.
The certificate & signature above, are in the handwriting of Jennis Van Vechten Esquire, of this City, whose handwriting is well known to me, and who is also well known to me as a gentleman of high character. His statement is entitled to full credence. Albany Oct 11 th 1836
J. H. Smith

Col. Livingston Harriet
19 Dec. 1776
N. K.

W. H.
Pay Master
Pay Master U.S. Navy 4th Oct. 1877
Gates, John 3110 K N

Camp near Stillwater 11 th Octob r 1777
Reciv d of Ensign John Gates the account of twelve Pair of Breeches which he has Delivered to twelve men of Colonel James Livingston's Regiment that he has Draw out of the Publick Store.
John Patten Esq h Pay M t

Gates, John 24 11041
L. M. Davidson 4. Cat. 1871
Mr. D.

Camp near Stillwater 21 st Octob r 1777
Reciv d of John Gates Esq r the Receipts upon the officers of Colonel James Livingston Regiment for twenty four  three tents two hundred and forty three Cartridges Eighty three haversacks thirty eight flints and the account of Provision which he has Drawn and Delivered to the Reg t from the fourth fourteenth of September to the fifth of October Both Days included
39
James Davidson

Gates, John 11/10/41 22
No. 7
Ex. Hubbard
  Sto  19  0    B  1  9    D  1  4    Be  1  2    B  1  18    mac  16  0    ny  0  8    l  0  12  

Albany 9 th April 1778
Reciev d of J no Gates Esq r one pair of shoes for my own use which he has Draw out of Store
J no Hubbard Esq r

Certificate of Livingston.
No 9
Cotes, John Nov 21

E.
Albany 22 March 1780
This is to certify when it may concern that Brigadier John Gates of my Regiment has behaved himself like a Gentleman and an Officer while he continued in my Regt and was very active and attentive to his Duty upon every Occasion when ordered; and I believe his only Inducement for quitting the Service was an Act of the General Pay allowed to Subalterns and is hereby discharged the Service his Resignation having been accepted of at his own Request by the Hon ble Major Genl Gates
Thos Livingston Collo
Gates, John NY W 11041

Alpheus Ewing D. B. Gurn
No. 6
Alpheus Ewing D. B. Gurn
to Mrs. John 110 H 3 7

Albany 24 th October 1777 This may certify that Ensign John Gatos of Col o James Livingston's Regiment hath deliver'd into my Office in Albany Vouchers for two Barrels & three hundred & seventy nine Pounds of Beef, sixty four Barrels & two hundred & eighteen Pounds of Flour, one Barrel & three hund d & fifteen Pounds of Pork, twelve hundred & fifty three Pounds of Bread, two & an half a Barrel of Salt, & twenty nine head of cattle, which he rec d of M c John Post at Hobbamock at Fort Dayton
Elisha Avery late
Q u ar ter Master
39

Hurley
20 May 1779
No 3
Gates, John N 110 W

Headquarters, Providence, May 20 th 1799.
Ensign John Gates, off d : James Livingston's Regiment, has permission from Major General Gates, to be absent from the Regiment, Three Months from the Date. —
By the General's Command Isaac Dane
A. D. Lander
To All whom it may
Concerne.
39

Gates, John N.Y. W 11041

By Virtue of a Commission to me given by the Honourable Continental Congress to raise a Regiment in any of the United States, I do hereby impower you to raise as many Men as you possibly can with the Utmost Dispatch for Capt. Hughes Company. You are to observe the Instructions given by Congress for Enlisting of Men; a copy whereof you are herewith furnished. As soon as you have raised your Quota of Men, you are forthwith to march them to Albany with all convenient speed Given under my Hand at Albany
this 14 Dec r 1776
Ja s Livingston Col l (Signature)
To Ensign John Gates
39

Sept 1 Accounts
Copy of Resignation
No 10.
Gates, John NY W 11041

D.
Last may your Honour was pleased to give me a furlough for three months, which time is now expired: at the same time Major Purdie informed me, if I did not find it convenient to go on at the Reg t  as I then had at recommendation for at twelve months that I should send down my Resignation: I now inclose your Honour my Commission and would be much obliged to you if you would be pleased to give me a Dis- charge from the Army: as I find it impossible to maintain my Family, if I should remain in the Army: as I have served since July 1775 I am your Honour, Most Obedient Servant
John G. St. Leger
To the Hon ble Major Gen l Horatio Gates
Col t James Livingston Reg t

• In let. to G. Gates Aug. 3, '77 G. Gates. Aug. 16/58, B. S. 2. 6. 1857

Revolution.
New York.
WIDOW, &c.
own
File No. 11041
Gertrude Gates, wid. of John Gates, Ensign N. Y. line
Act: July 4 th 1886
Index:—Vol. a , Page 263
[Arrangement of 1870.]

Dezzy D. Whiting Esq. Commissioner of Pensions Washington City.
ms John H. Steele Esq. A536-100 Dezzy D. Whiting Esq.

By Virtue of a Commission to me gi- ven by the Honorable Continental Congress to raise a Regiment in any of the United States I do hereby empower you to raise as many men as you possibly can with the utmost des- patch for Capt. Hughes Company, you are to obey the instructions given by Congress for Muster of Men, a Copy whereof you are herewith furnished; As soon as you have raised your Quota of men you are forth- with to march them to Albany with all convenient speed. — — —
Given under my hand at Albany this 19 th December 1776. — —
To Ensign John Gates
James Livingston. Coll
Head Quarters, Providence May 20 th 1779. Ensign John Gates of Col. James Livingston's Regi- ment has permission from Major General Gates to be absent from the Regiment Three Months from the date. — —
To All whom it may Concern. — — — — —
By the Generals Command Isaac Pierce Aid Camp. — — —

No 344
Gertrude Gates Widow of John Gates -
Examine will & of form a will Ent 19 th Dec 1776 - msig 2 March 1780 Ensign 2 years & 6 months
General Jenkins Esq Albany New York

State of New York Secretary's Office
Certify that it appears by the Military Register of the Officers non Commissioned officers & privates of the Line of this State in the Revolutionary war that John Gaites was appointed an Ensign in Colonel James Livingston's Regiment on the 18 th of December 1776.
Arch d Campbell Dep Secretary
Albany January 16. 1835

Gertrude Gates
1836-1927
Mr. Cole
March 5 1837
Exh A. H. Sylvester
March 5/37

Whereas our Mother Gertrude Gates, Widow of John Gates deceased, was a Pensioner under the Act of 24 July 1836, at the rate of $240 per annum - and it is believed that she was entitled to a larger allowance of pension - Now therefore We the subscribers hereby, on behalf of ourselves & the other children of the said Gertrude, do constitute and appoint Henry H. Sylvester of the City of Washington, our true lawful Attorney, for our behalf to prosecute our claim, as such children, to an increase of our said Mother's pension - she being now deceased - & having died on the 8 th of May 1839 -
Witness our hands this first day of March 1851.
Executed in presence of Jenkins
Gerrit Gates
John Gates Jr.
Elizabeth Vadder
Susan Gates
State of New York
City & County of Albany
ss. On this first day of March 1851 before the undersigned, a commission of Deeds in & for the said City & County personally appeared Gerrit Gates, John Gates Jr., Elizabeth Vadder & Susan Gates, to me known to be the persons described in and who executed the above power of Attorney to be their act and deed -
Jenkins
Comm n of Deeds

St Albany 29 th July 1858 Dear Sir
My father John Gates (now dec d ) was an Officer of the Revolution, he entered the Army as a Soldier on the 25 th July 1775 in Col o Clinton's Regiment in Company of John Nicholson then Captain, when with Montgomery before the walls of Quebec he was appointed a Sargeant, in Capt s Cooper's Company, John Nicholson then Col o , my father also served as Quarters Master Sargeant until 26 th Decem r 1776 when he received the appointment of an Ensign in Col o James Livingston's Reg t in which he served until 20 th May 1779 when General Gates gave him a Three Months furlow and then came to Albany where he was prevail'd upon to take charge of the Publick Laboratory for the manufacturing of Cartridge Boxes, Bayonet Belts and other things for the Army until May 1781.
This is a brief statement of his Military services and for which he never has receiv d an acre of land.
My mother got a few years Pension as widow of father, she died in 1839.
Now I see in Public Print that the Commissioners of Pensions have deci-

That Officers & Soldiers of the Wars who are entitled to land Warrants or were entitled can be obtained by legal representatives, where there is no Widow nor minor children, in this case there is neither, but there is 5 Children now living, the youngest about 60 and the oldest about 78 Years, my father has been dead about 33 Years & Mother about 20 Years.
If you will be so good after reading the above to let me know whether in your opinion fathers case is embraced in the of Group Law, and decision of the Commissioners it will be ever remembered with gratitude by us all, the majority of which are needy - and if so please enclose me the Blanks & Forms for the application.
To George C. Whiting Esq. Commissioner of Pensions
Yours Very Truly
Gerrit Gates
P.S. I hope it will be no trouble nor inconvenience to you if you please to drop me a few lines on the receipt of this - directed to Gerrit Gates
Albany New York

Albany 5 th Jan'y 1837.
Dear Sir
Will you have the goodness to certify the foregoing papers as Copies of the Original on file in your office, they were sent you by S. Jenkins in October last on an application of my mother Gertrude Gates for a Pension. I kept Copies at the time but not certified. The object is, an application to the Legislature of our State now in session for Bounty Lands for the services of my father as an Officer in the Revolution, which lands he has never had; - during his life time he was in comfortable circumstances as to his pecuniary concerns & therefore did not urge his just claim; it is otherwise now with his Widow (who is in her 88 th year) and the Major part of the family; reverses have befallen them since his death, which occurred in 1825. I forwarded a communication to you like this 2 or 3 days before the burning of your Post Office, and having recd no answer concluded that it was burnt; if Sir you think any of the other papers sent you will be of service to us please add them and forward them to me.
My Mother desires most gratefully to acknowledge your prompt and kind attention to her application for her Pension; indeed all the family would render unto you their most hearty thanks.
With great respect I have the Honor to be your affec d friend H. B. St. Clair
Hon. J. A. Edwards.
Gertrude Gates
P. S. If in your opinion an application to Congress would be better please suggest it to me, or any other in your good judgment. G. Gates
Albany State of New York.

Dec 19.
Mogall, Sec. Union, Cl. Adm. get hah
James L. Edw. Esq., Commissioner of Pensions War Department City of Washington.

Mech d & Farnes Bank Albany Pension Agency October 11. 1836.
James L. Bland Esquire, Commissioner of Pensions,
Sir, I herewith transmit the declaration of Mrs Gertrude Gates, for a pension under the act of Feb y 4. 1836 - with other documents in support of her claim - When acted on please inform me of the result -
I am, very Respectfully Your obed t Serv t Samuel Jan Kings

Comm. Sep 5 53
Ms. A. 9. 2. 10 p. 97
James L. Edwards Esq. Commissioner of Pensions War Department City of Washington

Albany 31 Aug t 1837
Sir
Your letter of the 3 rd inst n was duly received, I regret your decision therein express'd in relation to the claim set up by my Mother for my father's revolutionary services; your opinion differs from that of every Officer & Soldier of the Revolution who have seen the papers upon which you have decided, for all say that "tho' he was an Ensign yet the duties which the papers show that he performed never would have been entrusted to him without an Order from the Commanding Officer; and those duties the papers clearly show were that of a Deputy Commissary; now because in the Receipts he is not Recognized as Deputy Commissary but as John Gats Ensign is certainly no evidence that he was

not a Dept y . Commissary; the duties perform d and the Department in which he was engage d methinks is the test, for should I give a Rec d to the President of the U. States I would say, Rec d of his Ex. Mr. L. Buren. not of Mr. L. Buren President, so in many other cases. — however we must submit to the powers that be. —
Have the goodness my friend to return me the papers as enclosed to you in my letter of 19 th July last, I mean the Rec d alluded to in this communication — and oblige
very respectfully Your O bl Serv t
De Witt Bates

J. L. Edwards Esq m Com. of Pensions Washington City

Sir
Albany 19 th July 1837-
By the advise of your letter of the 11 th instant to Genl. Armstrong, I again send you the enclosed papers praying from you a favorable decision in the case.
The reason why Mother made no other application at the first for a Pension than that of Mr. Ensign, was because the enclosed papers were not before us; they were afterwards found in father's trunk; and she was also very unwell at the time so that as little conversation was had with her as possible on the subject, and the business was rather hastily done; she is some better now though still wholly unable to walk indeed her age is such that it is very doubtful if she ever again walks. In looking over the Assembly Journals of this State I find in the Report of the Committee on Claims among other things that they state "It is evident to your Committee also that he (John Gates, meaning) was employed to some extent

in the Commissary Department" this was on a petition of Mother a few years since for Bounty Lands which father had never had; the petition was denied or rather reported against by a prejudiced Modern Whig who was the Chairman of the Committee; and because father had resigned before the close of the War and entered the United States Laboratory for the making of Cartridge Boxes. Betsy Harris & Co for the Army of which he had the Superintendence - Lands have never been received nor any remuneration for the depreciation of Continental money which he received for his pay - he was in actual service in the army from July 1775 to March 1780 and from that time till after the close of the War in the Laboratory.
The enclosed papers have been submitted to also to Genl. Morgan Lewis who is of the same opinion with Genl. Armstrong, his letter can no doubt be had if necessary, as can also a Certificate of the reports of the Committee as above stated from the assembly documents, others of the Revolution have

looked at them, and there seems but one opinion on the subject; and Mother is very clear as to father's being a Commissary; - I do not know how to show farther authority than the enclosed papers & Mother's affidavit; the Regimental Books are not to be found in which the General order may have been entered & the Records at Washington to which reference might be had are burnt as Genl. Armstrong informs me, and with all due deference allow me to say that it seems to me it could not have been a mere temporary appointment when the enclosed papers alone show more than 6 months duty in the Capacity of Commissary; however the Matter is again before you and it seems to me that I feel satisfied you will on reexamining the subject not hesitate to allow the claim of the needy aged Widow of a faithful Patriotic Officer of the Revolution
I remain very respectfully Your O bt Serv t
Herb t Gates
J. L. Edwards Esq 11 Com. of Pensions Washington

Jan 12
Inverness Dec
James L. Edwards Esq.
Commissioner of Pensions
War Department
City of Washington